John M. Hamrick

Mr. Hamrick has handled litigation matters covering numerous issues facing the hotel industry, including disputes involving management agreements, development agreements, hotel construction and renovation, class action claims, loyalty programs, guests' tort claims, group sales, vendor contract claims and franchise agreement disputes. In addition, Mr. Hamrick guides owner and operator clients on their ongoing operation, management and litigation. Representative examples include:

 

• Serves as national coordinating defense counsel for an international hotel company in human trafficking litigation brought under the Trafficking Victims Protection Reauthorization Act (TVPRA)
• Represented a hotel company in a class action alleging improper assessment of cancellation fees
• Represented a hotel company in a class action alleging improper resort fee charges
• Obtained dismissal on behalf of a hotel company in a class action alleging violation of the Florida Security of Communications Act, the state's "wiretap" statute
• Obtained summary judgment in favor of an international hotel company in a multimillion-dollar lawsuit related to a loyalty program extending over three continents 
• Achieved favorable outcomes in both arbitration and litigation in management agreement disputes for a hotel company
• Obtained summary judgment in favor of a hotel owner against a construction company that brought a $5 million claim following completion of a hotel renovation

• Represented numerous lenders in obtaining judicially appointed receivers over distressed properties in various classes of assets, including a high-visibility office building in downtown Atlanta, multifamily apartment complexes, industrial sites and retail shopping centers and power centers
• Represented and advised commercial real estate receivers in stabilizing properties, reducing waste, promoting best-management practices and resolving potential liabilities and claims
• Represented title insurers in claims by insureds, including the investigation and defense of mortgage fraud schemes
• Obtained judgment on behalf of a real estate developer client in an adverse possession and quiet-title action tried before a federal Special Master

• Represented a globally known company in a successful trial against several of its former executives and employees who formed a competing business in a lawsuit alleging claims of breach of fiduciary duties, misappropriation of corporate opportunities, theft of trade secrets, tortious interference with contractual relations and breach of contract
• Represented a manufacturer in a lawsuit against a member of the board of directors and a company owned by that board member that alleged that corporate opportunities were being impermissibly diverted to and acquired by the board member's company; the complaint sought injunctive relief and brought claims of breach of fiduciary duties, tortious interference with contractual relations and prospective economic advantage, and misappropriation of trade secrets, concluding with judgment in favor of the client
• Obtained permanent injunction on behalf of a national security company against an exclusive affiliate that formed a new company in an attempt to partner with a competitor; the complaint asserted theft of trade secrets, breach of contract and breach of fiduciary duty

• Represented a manufacturer of hair-care products against a distributor of infringing and illicit hair-care products that posed a safety threat to consumers; the complaint alleged claims of trademark infringement, false designation and origin, and dilution of a famous mark; the court granted an ex parte temporary restraining order and ultimately granted a permanent injunction
• Represented a Fortune 100 software company in numerous trademark and copyright enforcement actions
• Represented a luxury car manufacturer in a trademark action against a local entertainment company that was using the mark in branding and promotion of its business
• Obtained a defense verdict in a representation of a national retailer in a premises liability matter
• Represented a national vehicle service retailer to a successful jury verdict in a wrongful-death action arising from claims of negligent inspection

• Obtained summary judgment, affirmed on appeal, in favor of an engineering company under contract with a county's transportation department in a wrongful-death lawsuit that alleged failure to properly supervise the prime contractor
• Obtained summary judgment in favor of an engineering company under program management contract with the Georgia Department of Transportation (GDOT) in a case where the plaintiff was rendered quadriplegic in an accident where it was alleged that the engineering company had a duty to design or supervise the implementation of traffic control plans
• Obtained summary judgment in favor of an engineering company under program management contract with GDOT in a case where the plaintiff was rendered a quadriplegic in a bicycle accident on a newly constructed bridge where it was claimed that the engineering company had certain design approval duties
• Obtained voluntary dismissal of companion wrongful-death lawsuits on behalf of an engineering company retained as a construction engineering and inspection (CEI) consultant for GDOT
• Represented a local governmental authority in a multimillion-dollar dispute related to the construction of a governmental facility; the complaint alleged numerous claims as a result of the contractor's nonconforming, deficient and incomplete work
• Represented the owner of an apartment tower against a general contractor that performed defective work that led to multipoint water-intrusion through the building envelope

• Extensive experience representing manufacturers of tires, motor vehicles, recreational vehicles, component parts, asbestos products, GPS devices and playground equipment in product liability matters
• Obtained summary judgment for a tire manufacturer following a successful Daubert motion that excluded the plaintiff's causation expert
• Obtained summary judgment, affirmed on appeal, on behalf of a manufacturer of playground equipment, in a matter alleging product liability claims
• Obtained a defense verdict in a bench trial on behalf of a tire manufacturer in a product liability matter brought as a result of a motor-vehicle accident that followed a tread separation